Oath of President.Before entering upon office, the President shall make
before the Chief Justice of Pakistan oath in the form set out in the
Third Schedule.

43

Conditions of President's office.

(1)

The President shall not hold any office of profit
in the service of Pakistan or occupy any other position carrying
the right to remuneration for the rendering of services.

(2)

The President shall not be a candidate for election as
a member of 51[Majlis-e-Shoora (Parliament)]51 or a Provincial Assembly; and, if a member of
52[Majlis-e-Shoora (Parliament)]52 or a Provincial Assembly is elected as President, his
seat in 53[Majlis-e-Shoora (Parliament)]53 or, as the case may be, the Provincial Assembly shall
become vacant on the day he enters upon his office.

44

Term of office of President.

(1)

Subject to the Constitution, the President shall
hold office for a term of five years from the day he enters upon
his office:

Provided that the President shall,
notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.

(2)

Subject to the Constitution, a person holding
office as President shall be eligible for re-election to that
office, but no person shall hold that office for more than two
consecutive terms.

(3)

The President may, by writing under his hand addressed
to the Speaker of the National Assembly, resign his office.

45

President's power to grant pardon, etc.The President shall have power to grant pardon, reprieve
and respite, and to remit, suspend or commute any sentence passed by
any court, tribunal or other authority.

President to be kept informed:
The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative
proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament).

Notwithstanding anything contained in the
Constitution, the President may, in accordance with the
provisions of this Article, be removed from office on the ground
of physical or mental incapacity or impeached on a charge of
violating the Constitution or gross misconduct.

(2)

Not less than one-half of the total membership of
either House may give to the Speaker of the National Assembly
or, as the case may be, the Chairman written notice of its
intention to move a resolution for the removal of, or, as the
case may be, to impeach, the President; and such notice shall
set out the particulars of his incapacity or of the charge
against him.

If a notice under clause (2) is received by the
Chairman, he shall transmit it forthwith to the Speaker.

(4)

The Speaker shall, within three days of the
receipt of a notice under clause (2) or clause (3), cause a copy
of the notice to be transmitted to the President.

(5)

The Speaker shall summon the two Houses to meet in
a joint sitting not earlier than seven days and not later than
fourteen days after the receipt of the notice by him.

(6)

The joint sitting may investigate or cause to be
investigated the ground or the charge upon which the notice is founded.

(7)

The President shall have the right to appear and
be represented during the investigation, if any, and before the
joint sitting.

(8)

If, after consideration of the result of the
investigation, if any, a resolution is passed at the joint sitting
by the votes of not less than two-thirds of the total membership of
58[Majlis-e-Shoora (Parliament)]58 declaring that the President is unfit to hold the
office due to incapacity or is guilty of violating the Constitution
or of gross misconduct, the President shall cease to hold office
immediately on the passing of the resolution.

In the exercise of his functions, the President
shall act 60[on and]60 in accordance with the advice of the Cabinet 61[or the Prime Minister]61:

62[Provided that 63[after fifteen days]63 the President may require
the Cabinet or as the case may be, the Prime Minister to
reconsider such advice, either generally or otherwise, and
the President shall 64[, within ten days, ]64 act in accordance with the advice
tendered after such reconsideration.]62

(2)

Notwithstanding anything contained in clause (1),
the President shall act in his discretion in respect of any
matter in respect of which he is empowered by the Constitution
to do so 65[and the validity of anything done by the
President in his discretion shall not be called in question on
any ground whatsoever]65.

The question whether any, and if so what, advice
was tendered to the President by the Cabinet, the Prime
Minister, a Minister or Minister of State shall not be inquired
into in, or by, any court, tribunal or other authority.

If at any time the Prime Minister considers it
necessary to hold a referendum on any matter of national
importance, he may refer the matter to a joint sitting of the
Majlis-e-Shoora (Parliament) and if it is approved in a joint
sitting, the Prime Minister may cause such matter to be referred to
a referendum in the form of a question that is capable of being
answered by either "Yes" or "No".

If the office of President becomes vacant by
reason of death, resignation or removal of the President the
Chairman or, if he is unable to perform the functions of the
office of President, the Speaker of the National Assembly shall
act as President until a President is elected in accordance with
clause (3) of Article 41.

(2)

When the President, by reason of absence from Pakistan
or any other cause, is unable to perform his functions, the Chairman
or, if he too is absent or unable to perform the functions of the
office of President, the Speaker of the National Assembly shall
perform the functions of President until the President returns to
Pakistan or, as the case may be, resumes his functions.

shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgement of the Supreme
Court of Pakistan of the 12th May, 2000; and

(b)

having received the democratic mandate to serve the nation as
President of Pakistan for a period of five years shall, on
relinquishing the office of the Chief Executive, notwithstanding
anything contained in this Article or Article 43 or any other
provision of the Constitution or any other law for the time being in
force, assume the office of President of Pakistan forthwith and shall
hold office for a term of five years under the Constitution, and
Article 44 and other provisions of the Constitution shall apply
accordingly.

49[Provided that paragraph
(d) of clause (1) of Article 63 shall become operative on and from the 31st day
of December, 2004.]49

Without prejudice to the provisions of
clause (7), any member or members of a House of
Majlis-e-Shoora (Parliament) or of a Provincial
Assembly, individually or jointly, may, not later than
thirty days from the commencement of the Constitution
(Seventeenth Amendment) Act, 2003, move a resolution
for vote of confidence for further affirmation of the
President in office by majority of the members present
and voting, by division or any other method as
prescribed in the rules made by the Federal Government
under clause (9), of the electoral college consisting
of members of both Houses of Majlis-e-Shoora
(Parliament) and the Provincial Assemblies, in a
special session of each House of Majlis-e-Shoora
(Parliament) and of each Provincial Assembly summoned
for the purpose, and the vote of confidence having
been passed, the President, notwithstanding anything
contained in the Constitution or judgment of any
court, shall be deemed to be elected to hold office
for a term of five years under the Constitution, and
the same shall not be called in question in any court
or forum on any ground whatsoever.

(9)

Notwithstanding anything contained in the
Constitution or any other law for the time being in
force, the proceedings for the vote of confidence
referred to in clause (8) shall be regulated and
conducted by the Chief Election Commissioner in
accordance with such procedure and the votes shall be
counted in such manner as may be prescribed by the
rules framed by the Federal Government:

Provided that clauses (8) and (9) shall be valid only for the
forthcoming vote of confidence for the current term of the President
in office.

Notwithstanding anything contained in this Article
or Article 43, or any other Article of the Constitution or
any other law, General Mohammad Zia-ul-Haq, in consequence
of the result of the referendum held on the nineteenth day
of December 1984, shall become the President of Pakistan on
the day of the first meeting of Majlis-e-Shoora (Parliament)
in joint sitting summoned after the elections to the Houses
of Majlis-e-Shoora (Parliament) and shall hold office for a
term of five years from that day; and Article 44 and other
provisions of the Constitution shall apply accordingly.

Duties of Prime Minister in relation to President.It shall be the duty of the Prime Minister:

(a)

to communicate to the President all decisions
of the Cabinet relating to the administration of the affairs of
the Federation and proposals for legislation;

(b)

to furnish such information relating to the
administration of the affairs of the Federation and proposals
for legislation as the President may call for; and

(c)

if the President so requires, to submit for the
consideration of the Cabinet any matter on which a decision has
been taken by the Prime Minister or a Minister but which has not
been considered by the Cabinet.

Notwithstanding anything contained in the Constitution, the President may be removed from office in accordance with the provisions
of this Article on the ground of physical or mental incapacity or on a charge of violating the Constitution or gross misconduct.

(2)

Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the
case may be, the Chairman written notice of its intention to move a resolution for the removal of the President; and such
notice shall set out the particulars of his incapacity or of the charge against him.

Provided that the President may require the Cabinet to
reconsider or consider such advice, as the case may be either
generally or otherwise, and the President shall act in accordance with
the advice tendered after such reconsideration or consideration.

If any question arises whether any matter is or is not a matter in respect of which the President is by the Constitution empowered
to act in his discretion, the decision of the President in his discretion shall be final, and the validity of anything done
by the President shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it
is desirable that any matter of national importance should be
referred to a referendum, the President may cause the matter to
be referred to a referendum in the form of a question that is
capable of being answered either by "Yes" or "No".